Minority bemoans constitutional breach over absence of President, Veep, and Speaker

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The Minority in Parliament has condemned the Mahama-led administration for what it describes as a violation of the 1992 Constitution.

This follows the simultaneous absence from the country of President John Mahama, Vice President Prof. Jane Naana Opoku-Agyemang, and Speaker of Parliament Alban Bagbin, without the formal swearing-in of an Acting President.

In a statement, the Minority argued that this development contravenes Article 60 of the Constitution.

“This represents a clear and egregious violation of Article 60 of the 1992 Constitution of Ghana,” the statement read. It referenced the landmark Asare v. Attorney General case, which affirmed that the Republic must never be left without a constitutionally mandated acting head of state.

“Their conduct is not only unconstitutional; it is deliberate and calculated. This administration has consistently treated the Constitution as an inconvenience rather than a binding framework,” the statement continued.

According to the Constitution, in the absence of the President, Vice President, and Speaker of Parliament, the Chief Justice is expected to assume presidential duties. However, Chief Justice Gertrude Torkonoo is currently under suspension, thereby creating what the Minority describes as a dangerous vacuum in executive authority.

The statement, signed by the Minority’s legal counsel and Suame MP John Darko, warned that such constitutional infractions pose a serious threat to Ghana’s democratic foundation and governance.

“They are emboldened to flout the supreme law of the land because they believe they have succeeded in weakening the Judiciary,” the statement asserted.

It further accused the government of undermining judicial independence: “Their continued attacks on the Judiciary and the Chief Justice, both overt and covert, have created a climate that undermines judicial independence and threatens the rule of law.”

“They have chosen to erode the authority of the Constitution, threatening the democratic gains we have struggled to build,” it concluded.


Meanwhile, the caucus has vowed  to hold the government accountable by exposing and resisting such violations.

“Where necessary, we shall invoke the relevant provisions of law to ensure that constitutional breaches do not go unpunished.”

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